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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * UNITED STATES OF AMERICA * v. * GORDON ELLIOTT THOMAS, III, Defendant. * * * * * * * * * * * * * * CRIMINAL NO. CCB-03-0150

MEMORANDUM OPINION The United States charged Gordon Elliott Thomas, III with sexual exploitation of a child and the receipt and possession of child pornography and moved for his pretrial detention, on the grounds that the charged offenses are crimes of violence, as defined by Congress, and that no conditions of release could reasonably assure the safety of the community. opposed the government's motion. Detention proceedings were held on April 3, April 22, and April 28, 2003. Having considered the parties' submissions and The defendant

the evidence presented during those proceedings, the undersigned ruled from the bench on April 28, 2003, denying pretrial detention and releasing the defendant on certain conditions.1

The undersigned imposed the following conditions of release pending trial, in addition to certain standard conditions, requiring the defendant to: (1) reside at the Connecticut home of his mother and step-father; (2) avoid all contact with the child in the video; (3) report to and obey the supervising officer as directed; (4) refrain from possessing a firearm, destructive device, or other dangerous weapon; (5) refrain from excessive use of alcohol and from any use of narcotics or controlled substances; (6) undergo appropriate medical, psychological, or psychiatric treatment; (7) submit to an electronic monitoring program, with the additional condition that he may not

1

The government appealed the ruling to the presiding district court judge, who upheld the release decision, but imposed two additional conditions.2 This opinion memorializes and Given the paucity of reported

supplements that bench ruling.

decisions in this area, and the necessity for prompt and abbreviated decision-making in detention proceedings, the Court has set forth in greater detail the existing law and scientific research on the assessment of future dangerousness of accused sex offenders such as defendant. I. Background A. Charges

The defendant is charged by indictment with sexual exploitation of children in violation of 18 U.S.C.

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